To file a DBA in Alabama, submit the “Application to Register Trademark, Service Mark or Trade Name in Alabama” to the Secretary of State’s office in Montgomery, along with three specimens showing the name in actual use and a $30 filing fee.1Alabama Legislature. Alabama Code 8-12-8 – Application for Registration Any sole proprietor, partnership, LLC, or corporation that wants to operate under a name different from the owner’s legal name or the entity’s registered name needs this filing.
Check the Name Before You File
Start with a search of the Secretary of State’s trademark records to confirm the name is available. You can look up existing marks by name, applicant, or trademark number.2Alabama Secretary of State. Trademark Records Alabama will reject a trade name that is confusingly similar to one already registered for similar goods or services, so a few minutes of searching now saves a rejected application later.
What the Application Asks For
The official form is available on the Secretary of State’s website, and there is an online trademark application portal as an alternative to mailing a paper form.3Alabama Secretary of State. Trademarks The application asks for:
- Your full legal name and entity type (individual, sole proprietor, corporation, LLC, partnership, or other).
- The state where your corporation, LLC, or partnership is registered, if applicable.
- Street address, city, county, state, zip code, and phone number.
- A clear description of the goods or services the trade name will represent. Vague descriptions can cause delays.
- The date and state of first use anywhere, and the date of first use in Alabama specifically.
Report the first-use dates accurately. They establish your seniority to the name if a dispute ever arises, and an exaggerated date can undermine your position later.
Match every field to your existing legal records exactly. If you file as an LLC, the applicant name should match your formation documents character for character. A mismatch creates verification headaches with banks and lenders down the road.
Three Specimens Are Required
You must submit three specimens showing the trade name as it is actually used in business. Letterhead, product labels, signage photos, invoices, or advertising materials all qualify. The office will not process the application without them.4Secretary of State (Alabama). Application to Register Trademark, Service Mark or Trade Name in Alabama This trips up applicants who have chosen a name but haven’t used it anywhere yet; you need some evidence of use in hand before filing.
How to Submit and What It Costs
The filing fee is $30, and the same $30 applies to renewals and to recording an assignment.5Alabama Secretary of State. Fee Schedule Mail submissions go to the Secretary of State’s office in Montgomery with a check or money order payable to the Secretary of State. The online portal accepts credit card payment and confirms receipt immediately.3Alabama Secretary of State. Trademarks
Once the office approves the registration, you receive an official certificate. Keep it with your permanent business records. Banks will ask for it when you open a business account under the trade name, and it is your proof of authority to use the name in Alabama.
What a DBA in Alabama Actually Does
A registered trade name lets you conduct business, accept payments, and open bank accounts under a professional brand rather than your personal name or your entity’s legal name. It creates a public record linking the name to the legal owner.
It does not create a separate legal entity and does not shield you from personal liability. A sole proprietor who registers a DBA without forming an LLC or corporation is still a sole proprietor, with personal assets exposed to business debts and lawsuits. If you want liability protection, form an LLC or corporation first and then register the trade name under that entity.
A state trade name registration also is not a trademark. It records your use of the name in Alabama and blocks another party from registering the identical name with the Secretary of State, but it will not stop a competitor in another state from using the same name and gives you a weaker foundation for infringement claims than a federal registration with the U.S. Patent and Trademark Office.6USPTO. How Trademarks and Trade Names Differ If your plans extend beyond Alabama, federal trademark registration is a separate step to consider.
Using the DBA After Approval
Opening a Business Bank Account
Federal banking rules require banks to verify businesses before opening accounts. If your business name does not include the owner’s legal last name, the bank will typically ask for documentation such as the trade name registration certificate, a fictitious name certificate, or a business license. Having the Alabama certificate ready removes what is otherwise the biggest delay in setting up the account.
Signing Contracts
A trade name is a nickname, not a legal identity. When you sign a contract, identify the legal owner first and the trade name second. An individual signs as “Jane Smith, d/b/a Smith Consulting.” An entity signs as “Smith Holdings, LLC, d/b/a Smith Consulting.” Signing only the trade name without disclosing the legal entity behind it can leave the signer personally liable if a dispute arises and the other party didn’t know they were dealing with an LLC or corporation.
Renewing Every Five Years
An Alabama trade name registration lasts five years from the date of approval.3Alabama Secretary of State. Trademarks File a renewal application before the registration expires, with another $30 fee.5Alabama Secretary of State. Fee Schedule Each renewal extends the registration another five years.
If the registration lapses, the name becomes available for someone else to claim. The Secretary of State’s office may send a courtesy reminder to your last known mailing address, but the responsibility is yours. Set your own calendar reminder well before the five-year mark, and keep your mailing address current with the office so any notice actually reaches you.
Transferring the Trade Name
If you sell the business or move the name to another owner, Alabama law requires a written assignment filed with the Secretary of State. The assignment must include the new owner’s name and address and the date of transfer. The office then issues a new certificate to the assignee and cancels the original. An unrecorded transfer is void against any later buyer who pays value without knowing about the earlier assignment.7Justia Law. Alabama Code Title 8, Chapter 12, Article 2 – Registration of Trademarks and Service Marks Recording a trademark assignment costs $30.5Alabama Secretary of State. Fee Schedule
A trade name can only be assigned along with the goodwill of the business it represents, or the portion of goodwill the name symbolizes. You cannot sell a trade name as a standalone asset separated from any actual business activity.